Texas PJC Malpractice 2022

PJC 50.2

M EDICAL M ALPRACTICE —D EFINITIONS , I NSTRUCTIONS & Q UESTIONS

the facts and circumstances. See, e.g., Dennis v. Allison , 698 S.W.2d 94, 95 (Tex. 1985) (describing actionable negligence as breach of duty of reasonable care); Helms v. Day , 215 S.W.2d 356, 358 (Tex. App.—Fort Worth 1948, writ dism’d) (absent spe cial contract to either cure or not charge for services, a physician warrants only that he “possesses a reasonable degree of skill, such as ordinarily possessed by a profession generally, and to exercise that skill with reasonable care and diligence”) (citing Gra ham v. Gautier , 21 Tex. 111, 112 (1858)); Magnolia Paper Co. v. Duffy , 176 S.W. 89, 92 (Tex. App.—San Antonio 1915, no writ) (“The final test of negligence is not usage or custom, but the inflexible rule which fixes reasonable care as the standard by which the conduct of the master to the servant is measured.”).

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